§12. Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate

When, after the meeting of the electors shall have been held, no certificate of vote mentioned in sections 9 and 11 of this title from any State shall have been received by the President of the Senate or by the Archivist of the United States by the fourth Wednesday in December, the President of the Senate or, if the President of the Senate be absent from the seat of government, the Archivist of the United States shall request, by the most expeditious method available, the chief election officer of the State to send up the certificate lodged with such officer by the electors of such State; and it shall be the duty of such chief election officer of the State upon receipt of such request immediately to transmit same by the most expeditious method available to the President of the Senate at the seat of government.

(June 25, 1948, ch. 644, 62 Stat. 674 ; Oct. 31, 1951, ch. 655, §8, 65 Stat. 712 ; Pub. L. 98–497, title I, §107(e)(1), (2)(B), Oct. 19, 1984, 98 Stat. 2291 ; Pub. L. 117–328, div. P, title I, §108(a), Dec. 29, 2022, 136 Stat. 5237 .)

Editorial Notes

Amendments

2022-Pub. L. 117–328, §108(a)(1)–(4), (6)–(8), inserted ", after the meeting of the electors shall have been held," after "When", struck out "and list" after "certificate of vote" and after "send up the certificate", and substituted "in December," for "in December, after the meeting of the electors shall have been held,", "or, if the President of the Senate be absent" for "or, if he be absent", "lodged with such officer" for "lodged with him", "the duty of such chief election officer of the State" for "his duty", and "by the most expeditious method available" for "by registered mail".

Pub. L. 117–328, §108(a)(5), which directed substitution of "chief election officer" for "secretary of State", was executed by making the substitution for "secretary of state" to reflect the probable intent of Congress.

1984-Pub. L. 98–497 substituted "Archivist of the United States" for "Administrator of General Services" in section catchline and two places in text.

1951-Act Oct. 31, 1951, substituted "Administrator of General Services" for "Secretary of State" in section catchline and two places in text.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.